B-124775, AUG. 31, 1955

B-124775: Aug 31, 1955

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CURRY: REFERENCE IS MADE TO YOUR LETTER OF JUNE 7. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU DID NOT REPORT FOR DUTY UNTIL FEBRUARY 2. THE RECORDS ON FILE SHOW THAT YOU WERE REACHED ON A CIVIL SERVICE REGISTER FOR PROBATIONAL APPOINTMENT IN THE POSTAL TRANSPORTATION SERVICE AND WERE ORDERED TO REPORT FOR DUTY IN THAT SERVICE ON JANUARY 30. IT IS DISCLOSED. IT IS STATED THAT SOMETIME AFTER FEBRUARY 2. WHICH WAS DENIED ON THE GROUNDS THAT YOU WERE NOT AN EMPLOYEE OF THE POSTAL SERVICE UNTIL YOU HAD ACTUALLY COMMENCED SERVICE. YOU WERE EXCUSED UNTIL FEBRUARY 9. APPOINTMENTS TO POSITIONS IN THE CIVIL SERVICE ARE EFFECTIVE ONLY FROM THE DATE OF ENTRANCE ON DUTY. IT IS WELL ESTABLISHED THAT A PERSON DOES NOT BECOME AN EMPLOYEE OF THE GOVERNMENT ENTITLED TO COMPENSATION AND OTHER BENEFITS.

B-124775, AUG. 31, 1955

TO MR. JOHN F. CURRY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 7, 1955, WITH ENCLOSURE, REQUESTING RECONSIDERATION OF SETTLEMENT OF SEPTEMBER 3, 1954, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL COMPENSATION ALLEGED TO BE DUE DURING THE PERIOD JANUARY 29 TO FEBRUARY 1, 1953. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT YOU DID NOT REPORT FOR DUTY UNTIL FEBRUARY 2, 1953.

THE RECORDS ON FILE SHOW THAT YOU WERE REACHED ON A CIVIL SERVICE REGISTER FOR PROBATIONAL APPOINTMENT IN THE POSTAL TRANSPORTATION SERVICE AND WERE ORDERED TO REPORT FOR DUTY IN THAT SERVICE ON JANUARY 30, 1953. IT IS DISCLOSED, ALSO, THAT YOU RESIGNED FROM THE POSITION OF SUBSTITUTE MAIL HANDLER IN THE BUREAU OF POST OFFICE OPERATIONS, BOSTON, MASSACHUSETTS, ON JANUARY 29, 1953, AND THAT YOU DID NOT REPORT FOR DUTY UNDER THE PROBATIONAL APPOINTMENT UNTIL FEBRUARY 2, 1953. IT IS STATED THAT SOMETIME AFTER FEBRUARY 2, 1953, YOU SUBMITTED AN APPLICATION FOR ANNUAL LEAVE FOR THE PERIOD PRIOR TO FEBRUARY 2, WHICH WAS DENIED ON THE GROUNDS THAT YOU WERE NOT AN EMPLOYEE OF THE POSTAL SERVICE UNTIL YOU HAD ACTUALLY COMMENCED SERVICE. THE RECORD FURTHER SHOWS THAT AFTER PERFORMING SERVICE ON FEBRUARY 2, 1953, YOU WERE EXCUSED UNTIL FEBRUARY 9, 1953, SO THAT YOU COULD GIVE YOUR EMPLOYER, THE WILLIAM UNDERWOOD CO., WATERTOWN, MASSACHUSETTS, PROPER NOTICE.

APPOINTMENTS TO POSITIONS IN THE CIVIL SERVICE ARE EFFECTIVE ONLY FROM THE DATE OF ENTRANCE ON DUTY. SEE 8 COMP. GEN. 582, 3 ID. 559. IT IS WELL ESTABLISHED THAT A PERSON DOES NOT BECOME AN EMPLOYEE OF THE GOVERNMENT ENTITLED TO COMPENSATION AND OTHER BENEFITS, PRIOR TO THE EFFECTIVE DATE OF HIS APPOINTMENT AS SUCH. WHILE IT IS STATED IN YOUR LETTER OF JUNE 7, 1955, THAT WHEN YOU TRANSFERRED FROM THE POST OFFICE TO THE POSTAL TRANSPORTATION SERVICE THERE WAS NO BREAK IN SERVICE BECAUSE ON JANUARY 29, 1953, YOU CALLED THE POSTAL TRANSPORTATION SERVICE AND WERE GIVEN EMERGENCY ANNUAL LEAVE, THE PAPERS ON FILE WITH YOUR CLAIM DO NOT SUPPORT THAT STATEMENT. THIS OFFICE HAS NO FIRSTHAND KNOWLEDGE OF THE FACTS IN YOUR CASE AND NECESSARILY MUST RELY UPON THE INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE. YOUR UNSUPPORTED SELF-SERVING DECLARATION THAT YOU WERE GRANTED LEAVE IS INSUFFICIENT TO OVERCOME THE EVIDENCE OF RECORD.

ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF SEPTEMBER 3, 1954, MUST BE AND IS SUSTAINED.